GUARANTEES OF ORIGIN: NEW RULES UNDER THE RED III DIRECTIVE

1. WHAT ARE GUARANTEES OF ORIGIN AND WHAT ROLE DO THEY PLAY?

Guarantees of origin are electronic certificates attesting that a certain volume of electricity, gas or heat comes from renewable sources. They are essential for:

increased transparency in the energy market;
facilitating international green energy transactions;
supporting ESG objectives for companies and consumers;
compliance with European energy traceability standards.

2. KEY CHANGES TO THE LEGISLATION ON GUARANTEES OF ORIGIN

Widening applicability - GOs will be issued not only for renewable electricity but also for renewable gas and heat. In addition, the inclusion of nuclear energy is also foreseen.

New regulations by 2025 - ANRE is mandated to develop by the end of the third quarter of 2025 the necessary regulations for the issuance and tracking of guarantees of origin for:

✔ electricity

✔ renewable gases

✔ renewable thermal energy.

Standardization and digitization - GOs will be issued, transferred and cancelled electronically, according to CEN - EN 16325, to ensure their security and traceability.

Trading and auctions - A system of quarterly auctions is introduced, managed by an operator designated by the relevant ministry, for:

✔ Industrial consumers, which have a Corporate Sustainability Reporting Requirement (CSRD);

✔ Energy suppliers, who can purchase guarantees of origin for energy supplied to final consumers.

ANRE as the central authority - ANRE will oversee the issuance and transfer of GOs and is obliged to align with European mechanisms, including by joining the Association of Issuing Bodies (AIB), to facilitate cross-border transfers.

Monitoring and transparency - By August 1, 2025, ANRE will set up a register of beneficiaries of support schemes (RUGO), containing details of capacities receiving state aid and the amounts of renewable energy certified by GO.

Correlation with energy market and support schemes - The issuance and use of GOs will be integrated with Power Purchase Agreements (PPAs) and state aid, as follows:

✔ Producers benefiting from support schemes after April 1, 2022 will have GOs managed directly by ANRE

✔ Guarantees of origin linked to PPAs for the purchase of renewable energy from renewable sources, effective after April 1, 2022, will be directly usable from the producer to the buyer, upon request.

Repeal of the existing regulation - The Regulation for issuing and tracking guarantees of origin for electricity produced from renewable energy sources, approved by GD no. 1232/2011, is repealed on the date of entry into force of the ANRE Order approving the new Regulation mentioned above.

Opening the trading market - ANRE and the relevant ministry will work together to establish a timetable for integration into the European GO market, with a standardized, EU-recognized system by 1 January 2027.

WARNING:

It is important to emphasize that the proposed amendments have not yet been formally adopted - February 2025. Pending publication in the Official Journal, the provisions under consideration remain at the stage of a legislative proposal and do not produce legal effects.

NEXT NEXT STEP

In the next edition of the newsletter, we will look at the new rules on power purchase agreements. Stay informed! We will come back with updates as the legislative process moves forward.

SOURCE

Draft emergency ordinance for amending and supplementing the Government Emergency Ordinance no. 163/2022 for completing the legal framework for promoting the use of energy from renewable sources, as well as for amending and supplementing some normative acts. https://energie.gov.ro/proiectul-de-act-normativ-forma-actualizata-a-documentului-postat-in-data-de-18-10-2024-ca-a-urmare-a-preluarii-observatiilor-